Edward Kemp

Contact Edward : edwardkemp@matrixlaw.co.uk | +44 (0)20 7404 3447

Contact Edward 's Practice Team (Team M): TeamM@matrixlaw.co.uk

Edward has a broad cross-disciplinary practice in employment and equality, private international, human rights and commercial law.

Edward is ranked as a leading junior in the following directories: (1) Legal 500 UK – tier 1 for employment; (2) Legal 500 EMEA – tier 1 for commercial disputes in the Middle East; (3) Chambers UK – for employment; (4) Chambers Global – expertise based abroad for DIFC and ADGM litigation in the United Arab Emirates; (5) Who’s Who Legal –  labour and employment.

Edward was highly commended for Junior Counsel of the Year at the inaugural International Employment Lawyer Awards 2023. He was shortlisted for Employment Junior of the Year in the Legal 500 Awards 2020.

Edward is particularly sought after for challenging cases raising novel points of law and sensitive factual disputes requiring creative thinking and flexible advocacy skills. He is singled out for his exceptional legal ability having been consistently described as “extremely bright…always does a first class job” (Legal 500 2021), “extremely intelligent” (Legal 500 2018), “exceptionally talented” (Chambers and Partners 2013) and “one to watch” (Chambers and Partners 2016).

Edward brings to bear a depth of experience across a number of other legal fields including personal injury, professional negligence and contract law. Edward has also been noted for his “cross-disciplinary expertise” and his “international” practice (Chambers & Partners 2020), he regularly works on such cases in the UK courts and he has appeared in a number of precedent-setting cases in the DIFC Courts in Dubai.

Edward has a strong practice as both a trial and appellate lawyer. He has been instructed as sole or leading counsel in many appellate cases in the EAT and the Court of Appeal. He has also been led twice in successful appeals before the Supreme Court, having appeared as counsel at every level of court and tribunal below. Edward also has experience of drafting applications and interventions before the European Court of Human Rights.

Employment and Discrimination

Edward has a very diverse employment and discrimination practice in the Employment Tribunal, High Court and appellate work covering all areas of the field. Edward regularly acts in cutting-edge cases as case leader, junior or as sole counsel. His practice is split evenly between representing employees and employers. Edward is also regularly instructed to provide written opinions and advices in conference on litigation risk avoidance and strategy, using his extensive experience as an advocate.

Leading appellate cases include:

• Ms F Habib v Dave Whelan Sports Limited t/a DW Fitness First [2023] IRLR 893 – ET’s failure to take into account Claimant’s dyslexia when making findings that impugned her credibility rendered hearing unfair.
• Williamson v. Bishop of London [2023] 1 WLR 2472, [2023] ICR 1004, [2023] IRLR 647, CA (leading Bláthnaid Breslin) – leading authority on meaning of civil proceedings orders imposed on a vexatious litigant. EAT decision [2022] ICR 1670 upheld. First claim a nullity.
• Dobbie v. Felton t/a Felton Solicitors [2021] IRLR 679, EAT (sole counsel) – proper application of public interest test in whistleblowing cases. Defeated further appeal to CA on papers (against a silk at CA stage).
• Walker v. Wallem Shipmanagement Limited [2020] IRLR 257, EAT (led by Niran de Silva QC) construction of “mariner” provision in s.81 of the Equality Act 2010.
• Green v. Sig Trading Ltd [2019] IRLR 123, CA (leading Grahame Anderson) – territorial reach of Employment Rights Act 1996 to international whistleblowers.
• P v. Commissioner of Police for the Metropolis [2018] ICR 560, SC (led by Karon Monaghan QC) immunity from suit of police misconduct panels and disability discrimination.
• Verma v. Barts and the London NHS Trust [2013] ICR 727, SC (led by Karon Monaghan QC) pay protection for doctors in the NHS.

Recent first instance litigation includes:

• Professor Doreen McCalla v. Lichfield DBF and Bishop of Lichfield – acting for bishop secured finding that bishop is not an “employment service provider” under Equality Act 2010 for the purposes of discernment for ordained ministry within the Church of England. Claim dismissed. Reported in Law360.
• Sigismund v. Financial Conduct Authority (2022), acting for former FCA Risk Manager who alleges he created a mathematical formula that would have prevented the financial crisis but was ignored, 20-day trial in East London ET. Industry and national media coverage.
• Williamson v. Bishop of London (2021), acting for bishop defeated this second test claim challenging the retirement age for clergy on basis claim filed out of time and not just and equitable to extend. National media coverage (against a silk).
• Zoll Medical UK Ltd v. Trebilcock [2020] EWHC 3798 (QB), acting for employer successfully obtained confidential information injunction and information order before Ellenbogen J, default judgment in civil claim before Master Cook and withdrawal of related ET whistleblowing litigation.
• J v. K1 & K2 (2020), successfully defended a bishop in employment status challenge in respect of a freehold incumbent member of the clergy. Case raised legally complex issues around interface between ecclesiastical law, EU law and ECHR.
• Ahmed v. Qatar (2014-2019), one of the first discrimination cases to go to trial against an embassy. Qatar withdrew mid-way through Edward’s cross-examination of the diplomat. Damages and costs awarded. Global media coverage.

Offshore

Edward has full rights of audience before the DIFC Courts in Dubai and he has advisory experience in respect of the Abu Dhabi Global Market Courts. He has been active in this market for almost a decade. He is ranked in tier 1 as a leading junior for commercial work in the Middle East by Legal 500 EMEA. He is also consistently recognised in the Chambers Global Guide as the leading junior for Employment (DIFC and ADGM litigation) in the United Arab Emirates.

Edward has co-authored the commentary on the DIFC Employment Law published by LexisNexis Middle East published in March 2021. He regularly speaks on panels for the DIFC Academy of Law. Over the last decade, he has appeared as counsel or adviser in a number of the leading employment cases within that jurisdiction:

• Mahmood v. Standard Chartered Bank [2021] DIFC CFI 044 (sole counsel), successful strike out of whistleblowing claim on behalf of the Bank, discrimination claim listed for trial in 2023.
•  Khalifa v. Swift (Dubai) Limited [2020] DIFC CA 005, leading authority on whistleblowing protection in the DIFC Operating Law.
• Pierre Eric Lys v. Elseco CFI012/2014, Article 59A (termination for cause) and Article 18 (penalty for failure to pay wages).
•  BGC Brokers v. Abourahim CFI027/2013, Article 59A (termination for cause), ground-breaking case on mutual trust and confidence in DIFC employment contracts (listed as one of the top three most notable cases in the DIFC Court of First Instance in 2015 in the Court’s Annual Review 2015).
• Gaspar v. Gavrilla & Company, SCT 3/4/16 – settled defence and advised the successful (anonymised) defendant in this case concerning pre-conditions of an offer of employment by a law firm.
•  Instructed to defend a leading multinational bank in high value and complex discrimination and employment claim (against a silk).
• Advising on restraint of trade issues / team moves in both the DIFC and the ADGM Courts (confidential).
• Advising on an ancillary freezing order in complex cross-border litigation in the DIFC and in Europe (confidential).

International Law

Edward is one of the leading juniors at the London Bar in international employment cases. He is one of very few employment barristers with a practice that is international. He has been repeatedly noted over the years for his “international” practice (Chambers & Partners 2017, 2018 & 2020).

Edward’s experience encompasses both jurisdiction and territoriality disputes in the domestic courts in addition to advisory and advocacy work on cases in forums overseas. Edward is also an expert in human rights challenges to sovereign, diplomatic, judicial and intergovernmental immunities.

Edward routinely works alongside foreign lawyers in cross-border employment cases. Recent experience includes:

• Providing a legal opinion on the territorial scope of UK labour law and UK international jurisdiction, assisting an appellant to bring a successful appeal before the Supreme Court of another EU Member State.
• Conferences with Swiss lawyers on a jurisdictional dispute in the UK and in Switzerland concerning the Lugano Convention.
• Resisting an application to stay ET proceedings on the basis of anti-suit injunction proceedings in the Indian Courts (case settled on the eve of the ET hearing and before judgment was ended down by the Indian Courts).

Edward’s recent market leading experience in the domestic courts includes:

• Walker v Wallem Shipmanagement Limited [2020] IRLR 257 – leading authority on proper construction of the “mariner” provision in s.81 of the Equality Act 2020.
• Green v. SIG Trading Ltd [2019] IRLR 123, Court of Appeal (listed for two days with British Council v Jeffery [2016] IRLR 935, EAT). Important case on territorial reach of Employment Rights Act to international whistleblowers. Ed led Grahame Anderson in the Court of Appeal against two silks.
• Wright v. Aegis Defence Services UKEAT/0173/17/DM – employment status and territorial reach of security contractor in Kabul, Afghanistan (IDS Volume 3, Chapter 2.30 and Volume 5, Chapter 2.67).
• Green v. SIG [2017] ICR 1274 – objective assessment of strength of connection test in territorial reach cases, attracted widespread industry commentary in the UK and abroad (Harvey Division H [1108.01], IDS Emp. L. Brief 2017, 1073) (sole counsel against a silk).
• Alton v. Royal Caribbean Cruises – successfully represented the shipowners in respect of this territorial reach challenge brought by an onboard entertainer employed to work on board a vessel in the Pacific. Walker applied.
• Simon-Hart v. Standard Chartered Bank – successfully represented the bank in this territorial reach challenge by its former senior legal counsel based in Dubai (2019) and instructed by the bank in a further claim pending before the Employment Tribunal (2021).
•  X v. Y and another – construction of Lugano Convention. Territorial scope of EU Directives (January 2019).
• Anderson & Others v. Swire Pacific – successfully represented the shipowners in respect of a territorial reach challenge by seafarers servicing wind turbines in the North Sea.
• Advising international civil servants in respect of potential before the UNDT in Arusha and before the ILOAT in Geneva (where the staffing agreement provided right of appeal to the ILOAT).

Edward’s cutting-edge work in the area of immunities from suit includes:

• P v. Commissioner of Police for the Metropolis [2018] 2 CMLR 4; [2018] ICR 560; [2018] IRLR 66; Times, November 14 2017 – landmark victory in Supreme Court using EU Directives to successfully challenge judicial immunity of police misconduct panels.
• Ahmed v. Qatar – successfully represented embassy worker in first of its kind discrimination trial against the State of Qatar raising issues of state and diplomatic immunity under the Vienna Convention with press coverage in the Times, the Telegraph, the Evening Standard and worldwide (2014-2019). Claim for just satisfaction against the UK before the European Court of Human Rights (settled).
• Advising a foreign government on state immunity and diplomatic immunity in the context of extremely sensitive litigation being pursued in the County Court.
• Representing a number of individuals in the Employment Tribunal resisting pleas of state immunity by relying on SIA exemptions and EU law fundamental rights (forthcoming in 2021; sole counsel against silks).
• Representing an intergovernmental organisation asserting immunity from suit under the International Organisations Act 1968 and Council Order.

Human Rights

• Ferguson and others v UK (35043/22), representing Human Rights Commission, Bermuda (with Anirudh Mathur) in intervention before ECtHR.
• Written opinion on compatibility of Official Secrets Act 1989 with Article 10 ECHR (confidential, leading Bláthnaid Breslin) (2022).
• Aukett & Saunders v. Sentimental Care (2021) – successfully defended Article 10 and Article 14 ECHR status challenge in respect of two statutory directors of a care home.
• J v. K1 & K2 (2020) – successfully defended Article 8/10 and Article 14 ECHR status challenge in respect of a freehold incumbent member of the clergy.
• Ahmed v. United Kingdom ECtHR (26857/19) (2019-2020) – representing an embassy driver in a claim for just satisfaction following declaration of incompatibility of provisions of State Immunity Act 1978 with Article 6 ECHR in Benkharbouche, SC (settled).
• Green v. Sig Trading, CA (2018)– territorial reach of Article 10 to international whistleblower.
• Bekhor v. High Commission of Brunei Darussalam, CC (2016-2018) – successfully representing Brunei in challenge under Article 6(1) to state immunity of embassy receptionist.
• Provided advocacy training for the moot participants in the African Human Rights Mooting Competition, a continent-wide mooting competition held in Benin in partnership with the Centre for Human Rights, University of Pretoria (2010).

Commercial Law

Edward’s recent experience in this area mainly arises from employment-related commercial disputes but also includes pure commercial work:

• Instructed to defend senior departing employee in database rights claim proceeding in the Chancery Division (ongoing).
• Zoll Medical UK Ltd v Trebilcock [2020] 12 WLUK 192 (Ellenbogen J) – successful application against former senior employee for orders to preserve, deliver up and then delete confidential information he had retained during and after the end of his employment. Rare example of an information order being obtained.
• Led the legal team (sole counsel against a silk and a junior) in respect of a High Court action involving complex issues of foreign law (case settled before CCMC on favourable terms).
• Appearing in CMC as sole counsel against two silks with their juniors in £16 million bribery and conspiracy claim issued in the Chancery Division.
• Advising on a potential team move in the Abu Dhabi Global Market Courts in the United Arab Emirates.
•  Re a legal aid firm – acting for a criminal legal aid firm in a dispute over the allocation of legal aid slots and a departing employee. Injunction hearing before Kerr J in April 2018 (case settled before trial).

Education

Edward was educated in both English Law and French Law.

He has an LLB from King’s College London and a Maîtrise en Droit from Université de Paris I (La Sorbonne).

Edward then took an LLM from University College London which focused on employment, equality law and comparative law.

Edward is committed to protecting and respecting your privacy in accordance with his legal obligation under UK law and the law of the European Union. In order to provide legal services to his clients, including advice and representation services, Edward needs to collect and hold personal data. This includes his client’s personal data and the personal data of others who feature in the matter upon which he is instructed. To view Edward’s privacy notice in full, please see here.